Supreme Court of Delaware

Jennifer Pavik, Douglas Todd Pavik, and Ashlee Jean Reed, Plaintiffs Below, Appellants v. George & Lynch, Inc., A…

March 23, 2018183 A.3d 1258

Summary

The Supreme Court reversed summary judgment for the road contractor because the contractor's approved traffic-control plan did not eliminate its general common-law and contractual duties to use reasonable care for the traveling public during non-work hours. The court held that factual disputes remained concerning foreseeability, breach, causation, and whether the contractor should have sought approval for additional warning signs addressing raveling and loose gravel. It also held that the transportation department's Sunday repair work was not a superseding cause as a matter of law.